1. This Second appeal is filed by the appellant (original defendant) against the Judgment and Order, dated 8.5.2009 passed by Adhoc District Judge4, Nagpur in Regular Civil Appeal No.607 of 2008, which was allowed and whereby the decree was granted for specific performance. The said First Appeal arose from the Judgment and Order, dated 20.9.2008 passed by the 3rd Civil Judge (Sr.Dn.), Nagpur (trial Court) in Regular Civil Suit No. 34 of 2004. The suit was partly decreed for refund of earnest sum only with interest.

2. Brief facts are as under :

An agreement to sell (Exh. 30) in respect of the suit land i.e. agricultural land bearing Survey No. 74, admeasuring 1 H. 62 R situated at village Khedi, District Nagpur was entered into on 20.12.2000 to sell the suit land for the consideration of Rs.1,89,000/-, out of which Rs. 50,000/- as earnest sum was paid on 20.12.2000. However, on 10.4.2001, Sale deed (Exh.48) was executed by defendant no.1 in favour of defendant nos.2 & 3. The plaintiff had sued for specific performance of the suit agreement.

3. The prayer in the suit was for specific performance of the agreement to sell the suit land pursuant to the agreement (Exh.30).